The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-03-24

the same In the manner hereinafter provided.
nnu IN al cases IN which the line of any drain,
ulcu OF emDankment is located along any high
W. already established. such work shall not be
SO constructed as to interfere with the free
t use OF such highway for all purposes IT travel
SEC. Is. The viewers in making the special
assessments for benefits shall proceed by classi-
lying tne lands in the proposed sub drainage dis
!tcC III tracts OF forty acres, more less accord
ing 20 the legal or recognized subdivisions on
graduated scale. to be numbered according to the
work, and whenever any railroad or public high
way is benefited such benefit shall be assessed
to the same upon the same scale as lands are as
sessed, as near as practicable. The tracts OF
lands which will receive the most and about
equal benefits shall be numbered one hundred
llOOl: and such as all adjudge to receive less
benefits shall be marked with q less number. de-
noting its per cent of benefits. This classitica-
ttOn, when established hereinafter provided,
shall remain as basis for such assessments as
may be Needed for the lawful and proper uses OF
such sub-drainage district. When such classif-
cation is completed it shall be properly tabu-
lated and shown by map. which tabuation and
map shall be made a part OF the viewers report,
hereinafter provided for.
SEC. 10. Every person or persons or corpora-
ton owning LIDS over or upon which any drain
or drains, ditch or dit ches ombankment or en-
bankments shall be constructed under the pro-
visions of this act. shall be allowed adequate
damages and compensation for the taking OF tho
lands upon which such drain or drains ditch or
bitches. embanhmenu or entertainments are To-
Gated. and for the injuries to SUCH lands caused
ers OF the county in which such lands are stu
ated shall order such damages to he paid out Of
Tile county treasury to the person or persons
corporation entitled thereto and the amount OF
damages to which they entitled shall be
specified by said viewers in their report to the
board OF drainage commissioners as herein pro-
Vlded; and the county shall be reimbursed for
such payment out of the drainage fund of the
s9b-drainage district for and on account Of
which such damages and compensation are paid.
Dec. 70. 1t shall be the duty of said viewers
to perform the duties eujored upon them by
this act with all convenient speed and diligence,
and within fifteen u5) days after the completion
thereof to make and file full report of ali their
proceedings under their appointment, verified
upon their oaths with the clerk of the drainage
proposed work. and that the same is of public
benefit and utility and conducive to the public
health: such report shall contain an accurate
map or plat of the proposed work. showing the
liues thereof, and the stakes and monuments
along the same, the width of the strip Of land
along the line Of each drain, ditch or embank-
struction OF such drain, ditch or embanhment:
computation of the number Of cubic yards Of
earth to be excavated and removed upon each
one hundred feet as shown by said stakes and
monuments from such drain or drains, ditch or
bitches and the number of cubic yards of earth
to be used upon each one hundred feet shown
by such stakes and monuments in raising such
embanklnent or embankmants and the total
number OF cubic yards OF earth to he excayaJed
and removed to complete the whole OF the
Of the cost OF the whole work.
Said report shall also contain an accurate de-
scription, as the same Is described upon tine
county tax duplicate Of each parcel of land
benefited or damaged by the proposed work Civ
ing the number of acres in each tract and the
estimated number OF acres in each tract benc-
fitted or damaged as the case may be: the
amount that each tract of land will be benefited
or damaged by the construction OF the proposed
work: the amount that each tract is assessed
therefore and the scale of percentage of benefits
as provided for in section eighteen Il 81 OF this
act: also the depth of the cut or height of tho
n ~ lnToS ut hot h
the top at each one hundred foot stake or mOnu-
ment of such proposed drain, ditch or embank-
ment: the names of the owners OF the lands af-
fected by the proposed work so far they can
be ascertained upon reasonable inquiry: all Of
which shall be in tabular form. In case the
viewers find the proposed work not of public
benefit utility they may report against the
same. in which Icase] their report need only state
that they find the proposed work not to be Of
public benefit or utility.
SEC 81. A majority Of the viewers shall be
competent to perform the duties required of
them by this act. Provided. That for work ex-
tending into more than one county there shall
be present majority from each county inter-
ested: and any person appointed a viewer I'M
der the provisions of this act shall qualify by
DISCHARGE the duties of a viewer as prescribed
by this act and while in the discharge OF their
duties they shall have the right to enter upon
any lands within the proposed sub-drainage dis:
trlct for the purpose of making all surveys and
estimates required OF them.
SEC d. 1t shall be the duty of the clerk OF
such drainage districts on such report being
flied ii it be in favor Of the proposed wok, to
call meeting Of the board Of drainage commits
sioners OF such drainage district to be held at
his office not more than forty CfO1 less than
thirty 800 days after said report has been filed
III his Office. The clerk shall give notice of tho
time and place OF such meeting by causing writ
ten or printed notices signed by him clerk to
be posted in at least six different places within
such proposed sub-drainage district and by
mailing copy OF such notice to each town clerk
and member Of the town board of supervisors OF
each town in which any Of the lands proposed to
be included in such subdrainage district [are
situated. and to all nonresident owners OF any
OF said lands whose postOtfice address is known
to him or can be ascertained in the office of
the auditor or treasurer of such county at least
twenty (2O) days prior to the time OF such
meeting Said notice shall contain a descrp-
ton OF the lands by sections proposed to be in
cluded in such sub drainage district and state
ment that the viewers report is filed with the
clerk: that a plat aud description of the pro.
posed work is on file with said report, and that
at the time and place mentioned in said notice
the said report Of the viewers will be acted
upon by the board of drainage commissioners
at which time and place any person interested
may appear aud contest the report of said
viewers upon any and all matters therein affect
ing his interests.
SEC. %. 1t shall be the duty of the board Of
drainage commissioners of such drainage dis
trlct to meet at the time and place mentioned
in said notice, and the clerk shall lay before
them the said report of the viewers for their
consideration They shall first ascertain il
proper notice has been given of their meeting.
and If they so find they shall make such finding
in writing and cause the same to be entered in
the drainage record If they find that such no.
tica has not been properly given they shall
adjourn to such time as will give the
clerk opportunity to complete service OF notice
has been adjourned. After the board shall have
found that due notice of the time and place OF
their meeting has been given they shall proceed
to consider the report OF said viewers. II any
objectlons are made to the report OF the viewers
and any person persons corporation appear
tor the purpose Of contesting said report tho
board shall proceed to hear and determine the
same and for that purpose the board shall have
full power and authority to administer Oaths. to
examine all witnesses produced and to decide all
questions arising upon the consideration Of said
person or persons interested and the board may
adjourn from day to day until such hearing is
completed.
SEC. q. II upon the hearing it shall appear
that the report ought to be modified in any par
ticular the board shall modify the same to con-
form to the equities in the premises. If after
hearing and determining all questions arising
thereupOn the board is of the opinion that the
sub drainage district petitioned for should be
organized they shall make an order confirming
the report of said viewers as made or as modi-
fed. If any modification has been made bv the
board, and organizing the lands described In
said report into sub-draina.e district to be
known Sub-Dralnage District No. -. OF the
80. County Drainage District which order
shall be entered in the drainage record. If
after such hearing the board is Of opinion that
such sub drainage district should not be organ
lied 1t shall make an order dis:nissng the pro-
cecdings. which order shall be entered in tho
drainage record.
SEC. %. Any person or persons or corpora
ton owning any real estate within such pro-
posed sub-drainagc district aggrieved thereby
may appeal to the district court Of the proper
county from such order and upon such appeal
any or either OF the following matters may be
determined: LIST. Whether the assessment
made for the construction Of the proposed work
nDon any tract OF land is in proportion TO he
benefits to be derived thcrefrom Cd The
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